Health Problems During Flight and the Airline's Liability

Entrance

Air travel stands out today as the fastest and most reliable mode of transportation. Millions of passengers choose air travel every day, with intercontinental journeys taking place within hours. However, aviation has its own inherent risks. Health problems that may arise during flight are closely related to both the passengers' right to life and the responsibilities of the airlines.

Especially on long-haul flights, changes in cabin pressure, low humidity, immobility, food and beverage services, or psychological stress can affect passengers' health. Furthermore, in situations requiring emergency medical intervention, the training of the cabin crew, the adequacy of medical equipment on board, and the airline's organizational structure and legal responsibility are directly determining factors.

This article will examine in detail the liability of the airline company in light of international agreements, Turkish legislation, Supreme Court precedents, and comparative law

I. Types of Health Problems During Flight

1. Triggering of Pre-existing Conditions During Flight

Many passengers may board a plane with existing health issues. For example;

Cardiovascular diseases,
Chronic lung diseases,
Diabetes,
Epilepsy.

Changes in cabin pressure and oxygen levels can trigger these conditions. In such cases, the airline's liability generally depends on whether the passenger declared their health condition prior to the flight.

2. Problems Arising from Flight Conditions

Deep vein thrombosis (DVT) can occur as a result of prolonged immobility .
Respiratory problems that develop due to inadequate ventilation or hygiene,
Ear, nose, and throat problems caused by changes in air pressure inside an airplane.

3. Health Problems Arising from Airline Services

Food poisonings caused by food served on airplanes,
Infections resulting from poor hygiene,
Faulty or inadequate response from the cabin crew.

4. Sudden and Unexpected Health Crises

For example, a passenger might suffer a heart attack, an epileptic seizure, or a panic attack due to a fear of flying on board. In such cases, the airline's responsibility is measured by whether or not it meets emergency response standards

II. International Legislative Framework

1. Warsaw Convention (1929)

The Warsaw Convention, the first international agreement on liability, regulated damages suffered by passengers based on the principle of limited liability. However, many of its provisions have become ineffective with the adoption of the Montreal Convention.

2. Montreal Convention (1999)

According to Article 17/1 of the Montreal Convention , the airline is liable if the death or bodily injury of a passenger results from an accident "on boarding or disembarking from the aircraft".

Dual regime : Absolute liability up to 128,821 SDR , presumption of fault for amounts exceeding this.
The concept of an accident: It must be a sudden and external event. For example, a passenger fainting on a plane may not be considered an accident, but food poisoning or injury from a fall would be considered an accident.

3. ICAO and IATA Regulations

ICAO Annex 6regulates the mandatory medical supplies, first aid kits, and devices such as defibrillators that must be carried on aircraft.
IATA Medical Manual: A guide that sets standards for airlines regarding passenger health.

4. European Union Regulations

Regulation EU 261/2004does not directly regulate health problems; however, it mandates that passengers be provided with food, drink, accommodation, and communication facilities . This indirectly aims to prevent health problems.

III. Liability of Airline Companies in Turkish Law

1. Turkish Commercial Code (TCC)

Turkish Commercial Code Articles 850 et seq.:Provisions of air transport contracts.
Turkish Commercial Code Article 876: Carrier's liability in case of passenger death or bodily injury.

2. Civil Aviation Law

Article 120 of the SHK (Social Security Institution)refers to international agreements. Therefore, the Montreal Convention applies directly.

3. Turkish Code of Obligations (TBK)

Turkish Code of Obligations, Article 112: Liability for breach of contract.
Turkish Code of Obligations, Article 66: Liability for the actions of auxiliary persons.

4. Consumer Protection Law (TKHK)

Since air transportation is considered a consumer transaction, the provisions of the Consumer Protection Law are also applicable. defective service important here.

IV. Types of Liability of the Airline Company

1. Absolute (Strict) Liability

According to the Montreal Convention, airlines are strictly liable up to a certain limit on compensation.

2. Liability Based on Fault

The burden of proof of innocence rests with the company for damages exceeding the limit.

3. Liability for Service Defects

No doctors or medical supplies are allowed on board the plane
Failure to make an emergency landing,
The cabin crew's indifference.

V. Supreme Court Decisions

The Supreme Court of Appeals, 11th Civil Chamber, Case No. 2019/2211: The company was held responsible due to a passenger falling ill on the plane and the cabin crew's inadequate response.
Supreme Court 13th Civil Chamber, Case No. 2014/1325: In cases of food poisoning caused by food served on an airplane, the airline company was found liable.
The 11th Civil Chamber of the Supreme Court of Appeals, Case No. 2015/8947, ruled that there is a causal link between the passenger's health problems and the flight.

VI. Passenger Rights and Remedies

Applying to the airline: Compensation claims should first be made to the company's customer service.
General Directorate of Civil Aviation (SHGM): Administrative complaint procedure.
Courts: The passenger can file a compensation claim.
- Competent courts: The courts of the passenger's domicile, the company's headquarters, or the place where the flight took place.
Financial compensation: Medical expenses, disability, loss of earnings.
Moral compensation: For the pain and suffering experienced.

VII. Comparative Law

1. US Law

In the United States, airlines, as "common carriers," are obligated to ensure the utmost safety of their passengers. Under the Federal Aviation Regulations (FAR), the presence of defibrillators and trained personnel on board is mandatory.

2. European Law

In the EU, passenger rights directives provide indirect protection, particularly in cases of health issues. The German Federal Court (BGH) has ruled against an airline, ordering it to pay compensation in the event of a passenger's death.

3. English Law

In the UK, under the "duty of care" principle, airlines are obligated to take reasonable measures to protect the health of passengers.

VIII. Problems in Practice and Proposed Solutions

Difficulty of Proof: The causal link between a passenger's illness and flight conditions is usually proven by expert reports.
Lawsuits against foreign airlines: Issues of jurisdiction and applicable law arise.
Compensation Limits: The Montreal Convention may not fully compensate the passenger for their losses.

Proposed Solutions:

Increasing medical equipment on airplanes,
Providing advanced health training to cabin crews,
Airlines are increasing their insurance coverage.

Conclusion

Health problems occurring during flights are of critical importance to both passengers and airlines. In light of the Montreal Convention, the Turkish Commercial Code, and the Turkish Code of Obligations, airlines are liable for the death and bodily harm of passengers. Supreme Court precedents also support this, with broad interpretations favoring the passenger.

Passengers can claim compensation from the company if they suffer damages, file a complaint with the DGCA (Directorate General of Civil Aviation), or take legal action. Airlines, on the other hand, should increase their technical equipment, staff training, and insurance measures to reduce their liability.

Aviation law, Legal Consultancy, Istanbul Lawyer, SHGM (, Civil Aviation, Transportation Law, Turkish Law, Supreme Court Decisions, Passenger Rights

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